As Beaufort County Council candidate Dan Duryea readies for a hearing Monday challenging opponent Cynthia Bensch’s residency, he admits he’s not sure how he’ll prove she doesn’t live within the bounds of District 7, but he says clearing the air can’t hurt.

But the petition candidate, a Republican, who lost soundly to the official Republican Party candidate on Nov. 6 also hasn’t ruled out appealing to the S.C. Election Commission if the nine-member Beaufort County Board of Elections and Registration sides with Bensch after a hearing Monday at 1:30 p.m. in County Council chambers.

“I think our options are out there,” he said. “Whether we choose to go down that avenue, there will have to be discussion held.”

The issue first came to light publicly at an Oct. 30 open forum when a commenter implied Bensch actually maintains residency in Eagle’s Point, just outside the District 7 lines in Councilman Jerry Stewart’s District 6.

Duryea’s complaint to the board of elections, submitted by Bluffton attorney Jim Bannon on Wednesday, says Bensch resided at 1 Crabtree Ln. in Bluffton’s Rose Hill neighborhood when she filed her candidacy, a property she’s since sold. She lived at 63 Muirfield Drive, just outside District 7, at the time of the election, according to the filing.

The 29 Martingale West address where she now claims residency is within District 7 boundaries but is owned by Bensch’s son, according to the filing and the county’s property records.

Bensch has maintained the Martingale address is her true residence, though she has admitted to splitting time between the Muirfield Drive residence in Eagle’s Point and 29 Martingale, saying the latter lacks a garage for her husband to use to run his contracting business. She didn’t return recent calls for comment after the board of elections announced the hearing.

“I think there’s just an awful lot of opinions out there,” Duryea said. “But nobody really believes her story that she splits her time between those two addresses. Why would you rent a home in a residential community to store your household tools in the garage when he’s admitted historically he didn’t have any work, and that’s why he didn’t have a business license? I quite frankly don’t know how we will prove that (she lives on Muirfield Drive) but, this seems to be the avenue the attorney wants to go down and this certainly doesn’t exhaust any future options.”

Bannon, Duryea’s attorney, said he views the hearing as an “opportunity to shed a bit of light on this matter, not only for Mr. Duryea, but all the voters of District 7.”

“I certainly think we have a chance of proving she doesn’t reside there,” he said. “But I’m afraid that will ultimately be up to the board.”

He declined to discuss strategy or name witnesses he intends to call.

Assuming the board can muster the legally required number of members to take a vote, the matter will be settled that day, said Scott Marshall, executive director of the board of elections.

Any appeal would come before the S.C. Election Commission, according to Spokesman Chris Whitmire. The deadline to file is Nov. 26.

District 7 runs west from Buck Island Road to S.C. 170 between S.C. 46 and U.S. 278. It also includes the Rose Hill development north of U.S.278 where both Duryea and Bensch claim residency.